The Family Policy Compliance Office is excited to announce the launch  of the new Student Privacy Website! This new website replaces both the Privacy Technical Assistance Center’s and the Family Policy Compliance Office’s sites.  The Student Privacy Website can be found at:  https://studentprivacy.ed.gov. Be sure to update your bookmarks accordingly!

FPCO Complain Form - Notice about Investigatory Uses of Personal Information

Notice about Investigatory Uses of Personal Information

To resolve your complaint, FPCO may need to collect and analyze personal information such as your child’s or your education records, or in some instances the education records of other students supplied to us by the school that are pertinent to the investigation and resolution of the complaint.  Please note that no law requires you to provide FPCO with your personal information.  Furthermore, complainants, other personas such as other family members, witnesses, or other persons are not required by FEPRA to provide information during the complaint resolution process.  (Please note that these statements do not apply to the educational agency or institution that is the target of the complaint as they are expected to fully cooperate with the investigation.) However, if FPCO does not receive the information needed to resolve your complaint, it may be necessary to close the complaint and issue findings based on incomplete information.

The Privacy Act of 1974, 5 U.S.C. § 552, governs the protection of personally identifying information contained in records in “systems of records” maintained by Federal agencies, including the U.S. Department of Education.  The Privacy Act protects individuals from the misuse of personal information held by the Federal government.  It applies to records that are kept and can be located by the individual’s name, social security number, or other personal identifier.  It regulates the collection, maintenance, use and dissemination of certain personal information in the files of Federal agencies.

FPCO may disclose information without your consent under one of the 11 instances defined in the Department’s Privacy Act regulation at 34 C.F.R. § 5b.9(b).  The cited regulation can be accessed online at http://www.access.gpo.gov/nara/cfr/waisidx_98/34cfr5b_98.html.  For instance, FPCO may disclose information without your consent to other employees in the Department of Education with a “need to know” to perform their job duties.  The Department also has published a system of records notice that covers FERPA complaints that permits FPCO to make any of 9 published “routine use” disclosures without your consent which can be found at: http://www2.ed.gov/notices/pai/pai-18-05-02.pdf.

One such routine use disclosures permits FPCO to disclose information without your consent to educational agencies and institutions against which your complaint was filed in order to resolve your complaint.  In other words, FPCO may need to reveal certain information to officials at your school, to verify facts or gather  additional information related to your complaint. A second published routine use disclosure permits FPCO to disclose your information, without your consent, to a Member of Congress who inquired into your complaint at your request. 

 

Paperwork Burden Statement

According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays a valid OMB control number.  The valid OMB control number for this information collection is xxxx-xxxx.  The time required to complete this information collection is estimated to average one hour per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection.  If you have any comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to:  U.S. Department of Education, Washington, D.C. 20202-4536.  If you have comments or concerns regarding the status of your individual submission of this form, write directly to:  Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202-8520.